Note-taking, juror questions and interim summaries.
Esshaki Legal Media TeamCurrent as of August 2024
Several courts permit practices intended to improve juror comprehension in
complex cases, and counsel should know which apply.
Note-taking is widely permitted, with instructions that notes are aids to
memory rather than evidence and that a juror’s notes have no greater weight than
another’s recollection.
Juror questions submitted in writing after the parties’ examination, screened
by the court with objections heard outside the jury’s presence, and asked by the
judge. Practice varies from routine to prohibited.
Interim commentary or mini-openings between phases in long trials.
Juror notebooks with the exhibits, a witness list, a glossary and the
preliminary instructions.
Preliminary substantive instructions before evidence, giving jurors the
legal framework in advance rather than after.
Advantages in commercial cases. Complex financial and technical evidence is
better retained with notes and a notebook, and juror questions reveal what the
jury has not understood while it can still be addressed.
Risks. Questions reveal juror thinking, which cuts both ways, and an
objection to a juror’s question must be made carefully so the juror does not
feel rebuffed.
Practice. Raise these at the pretrial conference; courts with discretion
usually accommodate an agreed request.